People v. Cordray CA5

INTRODUCTION

Between 2013 and 2014, defendant Kevin Cordray lived with his girlfriend Crystal and her four daughters, S.M.,1 C.D., A.D., and D.D. The four girls later alleged defendant sexually abused them during this time. On October 22, 2019, a jury convicted defendant of lewd or lascivious acts with S.M., a child under 14 years old (Pen. Code, § 288, subd. (a), count 1);2 oral copulation of D.D., a child 10 years or younger (§ 288.7, subd. (b), count 2); lewd or lascivious acts with D.D., a child under 14 years old (§ 288, subd. (a), count 3); oral copulation of A.D., a child 10 years or younger (§ 288.7, subd. (b), count 5); and lewd or lascivious acts with A.D., a child under 14 years old (§ 288, subd. (a), count 6).3 As to counts 1, 3, and 6, the jury also found true defendant had been convicted in the present case of committing an offense specified in section 667.61, subdivision (c) against more than one victim. The trial court subsequently sentenced defendant to an indeterminate term of 90 years to life. On appeal, defendant contends the trial court prejudicially erred in instructing the jury with CALCRIM No. 1193 because the instruction impermissibly allowed the jury to…